State v. Terry

• Decision Date: 01 July 1913
• Parties: STATE ex rel. ABRASHIN v. TERRY et al.
• Court: Washington Supreme Court

133 P. 386

74 Wash. 208

STATE ex rel. ABRASHIN v. TERRY et al.

Supreme Court of Washington

July 1, 1913

Department 1. Appeal from Superior Court, King County; Kenneth Mackintosh, Judge.

Mandamus by the State, on the relation of David Abrashin, against Ed L. Terry and others. From a judgment for relator, respondents appeal. Affirmed.

Chas. E. Patterson, James M. Gephart, Jas. E Bradford, and Wm. B. Allison, all of Seattle, for appellants.

Wm. E Froude, Higgins & Hughes, and Hyman Zettler, all of Seattle for respondent.

MOUNT J.

This appeal is from an order of the superior court for King county requiring Ed. L. Terry, as treasurer of the city of Seattle, to execute and deliver to the plaintiff a deed for lot 8, block 7, Latona First addition to the city of Seattle.

There is no dispute upon the facts, which are as follows: On January 21, 1910, the city treasurer of Seattle duly sold to M. Abrashin the lot in question to satisfy unpaid delinquent assessments against said lot duly levied in an eminent domain proceeding by the city of Seattle. On said date the city treasurer issued to M. Abrashin a certificate of purchase for this lot. All the proceedings leading up to the issuance of that certificate were regular and in compliance with law. On November 23, 1910, M. Abrashin sold and assigned the certificate of purchase of David Abrashin, and he is now the owner and holder thereof. On March 2, 1912, and for three consecutive weeks thereafter, the relator herein published notice that he was the holder of the above-mentioned certificate; that unless redemption was made within 60 days from the date of the first publication relator would demand a deed for said property from the city treasurer of Seattle. This notice was directed to the owner of said property and was regularly published in a weekly newspaper published in the city of Seattle. The owner of the property, Mr. George C. McKee, was a nonresident of the state of Washington. He resided in Chicago, state of Illinois. The relator paid all taxes and special assessments on said property and all interest, penalties, and charges thereon levied prior to and subsequent to the said sale, and on May 11, 1912, after having published the notice above referred to, he filed the same with the city treasurer, together with proof of publication thereof and an affidavit showing that service of said notice had been made by publication, that all taxes and assessments on said property had been paid, and that he had demanded of the treasurer a deed for the property above described. No redemption was made prior to the date of the first publication of the notice nor for 60 days thereafter. On May 11, 1912, after the demand had been made as aforesaid, after the treasurer had ascertained that all proceedings relating thereto were regular, and after he had prepared a deed, but prior to signing the same, the defendant George C. McKee tendered to the city treasurer the sum of $245.43, being the total amount due for the redemption of said certificate of purchase, and attempted to redeem the property from the sale. The treasurer thereupon issued a purported certificate of redemption for said property. This action was then brought to require the city treasurer to deliver to the relator a deed for the property.

Appellants present two questions: First, where property has been sold by a city treasurer for delinquent local assessments, can a redemption be made by the owner after two years from the date of the sale and after the holder of the certificate of purchase has given 60 days' notice by publication of his intention to apply for a deed and has fully complied with the law and demanded a deed; and, second, can the relator, being a married man, maintain this action without joining his wife as relator?

Upon the first question the statute provides as follows 'Every piece of property sold for an assessment shall be subject to redemption by the former owner, or his grantee, mortgagee, heir or other representative at any time within two years from the date of the sale upon payment to the treasurer for the purchaser of the amount for which the same was sold, with interest at the rate of fifteen per cent. per annum, together with all taxes and special assessments, interest, penalties and charges thereon paid by the purchaser of such piece of property since such sale, with like interest thereon. Unless written notice of taxes and...